IMPORTANT POINTS
(1) Organised crime – There has to be a continuing unlawful activity carried out by an organized crime syndicate, for which more than one charge-sheets have been filed before a competent court within preceding period of ten years, and that court has taken cognizance of such offence.
(2) It is only if an organised crime is committed by accused after promulgation of Gujarat Control of Terrorism and Organized Crime Act, 2015 that has to be considered in light of previous charge-sheets.

JUDGMENT (ORAL)

A.S. Supehia, J.—Heard the learned advocates for the respective parties through video conferencing.

2. The present application is filed under Section 439 of the Code of Criminal Procedure in connection with an F.I.R. being C.R. No.11210015200100 of 2020 registered with D.C.B. Police Station, Surat City, Dist.Surat for the offences punishable under Sections 3(1)(i) and (ii), 3(2) and 3(4) of the Gujarat Control of Terrorism and Organized Crime Act, 2015.

3. The case of the prosecution in nutshell is that one Muzzafarali alias Asif Tomato, resident of Salabatpura, Surat city, is a leader of one gang called Asif Tameta Gang and engaged in several offences or illegal activities. It is further alleged that the above gang comprises of 14 members and the applicant is alleged to be one of them. The last offence or unlawful activity committed by the applicant is as stated in F.I.R. being C.R.No.I29 of 2019 registered with the Dahej Police Station on 05.05.2019 for the offences of cheating and forgery. Thus, it is stated that there is continuing unlawful activity within the meaning of the Act.

3.1. Learned advocate for the applicant has submitted that it is evident from Section 1(3) of the Gujarat Control of Terrorism and Organized Crime Act, 2015 (“the Act” for short) that, it has come into force 01.12.2019. It is submitted that there is nothing in the Act to suggest that, the provisions of the Act shall be applicable with the retrospective effect. It is submitted that the last offence registered against the applicant is vide F.I.R. being C.R. No.I29 of 2019 with Dahej Police Station on 05.05.2019. It is submitted that thereafter, no offence is registered against the applicant, hence the provisions of Section 2(c) of the Act, which defines “continuing unlawful activity” are not attracted. It is also submitted that there is nothing to suggest that the applicant is a member of Asif Tameta Gang or he has committed unlawful activity on behalf of such gang.

3.2. Learned advocate for the applicant submitted that Section 2(f) of the Act will not come in way of the applicant for bail as there is no offence by the syndicate as a whole and that five offences against the applicant pending, the alleged members of syndicate are not the co-accused neither the applicant shown in offences as co-accused with the other offences registered against the alleged members of the syndicate. Learned advocate for the applicant has referred to the decision of the Apex Court in the case of State of Maharashtra vs. Shiva alias Shivaji Ramaji Sonawale, (2015) 14 S.C.C. 272 in support of his submission. Lastly, it is urged by the learned advocate for the applicant that considering the aforesaid aspects of the matter, the applicant may be released on bail.

4. Learned Additional Public Prosecutor appearing on behalf of the respondent-State has opposed grant of regular bail considering the nature and gravity of the offence. She has referred to the report of the Investigating officer and has submitted that the authorities have considered six offences which are registered against the applicant which are committed by him being a member of Tameta Gang. Thus, it is submitted that the present applicant may not be released as he is threat to the society.

5. I have thoughtfully considered the rival submissions raised at the bar. The relevant documents as pointed out by the advocates are also perused.

6. In order to curb and control organized crime and terrorist activities in the State of Gujarat the Legislature has promulgated “the Gujarat Control of Terrorism and Organized Crime Act, 2015” vide Notification. The Act has come into force from 01.12.2019. Sections 2(c) and (f) which define “continuing unlawful activity” and “organized crime syndicate” read as under:

(c) “continuing unlawful activity” means an activity prohibited by law for the time be